BILL NUMBER:S1973

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to declaring a
policy of equal treatment in the
development and enforcement of
environmental laws, regulations and policies

PURPOSE:
Development and enforcement of environmental
laws, regulations and policies. This bill will ensure that the
environmental philosophy and policy which guides the State of New
York provides environmental justice for all people.

SUMMARY OF PROVISIONS:
Bill §1 amends the declaration of policy
statement in §1-0101(1) of the Environmental Conservation Law (ECL)
to ensure that all people, regardless of race, culture, national
origin, income or community of residence, shall be treated equally
with respect to development, implementation and enforcement of
environmental laws, regulations, and policies, and should be free
from any disproportionate exposure or risk of exposure to pollution
and from the cumulative negative impacts resulting from
over-concentration of polluted sites or regulated environmental
facilities, nor should people be deprived of locally accessible open
              

space or other environmental benefits due to lack of political or
economic strength.

Bill §2 further amends the declaration of policy to remove an
unintended gender bias in ECL §1-0101(3).

SUMMARY OF PROVISIONS:
Bill §1 is amended to more closely align the
policy statement in §1-0101 with environmental justice policies
adopted by other states and other levels of government.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The ECL currently does not address environmental justice concerns.

JUSTIFICATION:
In 1987 the Commission for Racial Justice of the United
Church of Christ published a study which found that minority and
low-income communities are disproportionately affected by exposure to
pollution from environmental hazards. This study found that minority
neighborhoods, even more than poor neighborhoods, are saddled with an
unfair share of incinerators, dumps, factories and other sources of
pollution. This was a result of differential levels of political and
economic resources available to these communities.

Over the past two decades, it has become apparent that (as described
by the US Environmental Protection Agency): "Environmental Justice is
the fair treatment and meaningful involvement of all people
regardless of
race, color, national origin, or income with respect to the
development, implementation, and enforcement of environmental laws,


regulations, and policies." It is also increasingly recognized
that all people should be free from disproportionate exposures or
risks of exposure to pollution, including from the disparate
concentration of contaminated sites or hazardous operations in their
neighborhoods, and that environmental benefits should be equitably
distributed. This bill would establish these worthy principles in the
ECL.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.